It is questionable whether or not retrial after a hung jury is Constitutional. Nonetheless, in the United States today, it is generally permitted. If a mistrial occurs due to a hung jury, the prosecutor may decide to retry the case.
History: Federal Penitentiary. The army transferred Alcatraz to the civilian Bureau of Prisons (BOP) in 1934. The BOP quickly converted the aging military prison in to a maximum-security, state-of-the-art civilian penitentiary. Alcatraz would shortly become the most famous federal prison in United States history. Alcatraz was designed to serve as Americaâs first maximum-security, minimum-privilege penitentiary, what is today referred to as a âsuper maxâ institution. From 1934 to 1963, Alcatraz housed some of Americaâs most notorious offenders, escape artists, gang leaders and general trouble makers.
While at Alcatraz, he exhibited signs of syphilitic dementia. Capone spent the rest of his felony sentence in the hospital. On January 6, 1939, his prison term expired and he was transferred to Terminal Island, a Federal Correctional Institution in California, to serve his one-year misdemeanor sentence.